The justice system in 1700 Montreal followed the same rules as its mother country France. In terms of today 's society, the government was far less democratic. The accused had few rights and the evidence was often faulty or based on word of mouth; torture and severe punishments were often used. In 1734, the various stages of trial, duties of the courts, witnesses, and rights of the accused were regulated by the "Ordonnance du Roi (1670).”…
Questions such as, ‘In what context, and manner, can analyses of power-relations be grounded?’, ‘What is Foucault’s definition of power?’, ‘How is this power wielded, and by whom?’, and ‘What are the positive and negative consequences of this power?’, ‘What role does resistance play in power-relations?’, will be subject to investigation. From this, it will be shown that Foucault’s position is ultimately one of disconcertion but incoherence, this being supplemented by corroborating evidence from secondary sources. Furthermore, the aim of Foucault’s project itself will be subject to critique in order to determine if there is any practical…
In his concept of the panopticon, Foucault adopted Jeremy Bentham’s prison design as a metaphor for modern disciplinary power. According to Foucault, discipline is invoked through an individual’s consciousness of permanent visibility and surveillance, resulting in compliant and self-policing behaviours as if constantly being watched (Nettleton, 1997). Engrained in this concept is Foucault’s notion of discourse, where he asserts that power is fabricated through language and practices, acting as leverage in legitimising power (Nettleton, 1997). In turn, discourse influences how expert knowledge and ideologies are constructed and maintained within social institutions and processes, and the ensuing power relations observable in society (Nettleton,…
As previously mentioned, if the punishment is not harsh enough the result is repeated offense. If a criminal relishes in committing a crime and the court system does not properly punish them for it, then they actually have no reason not to repeat the crime over again. The National Institute of Justice, part of the U.S department of Justice, studied how likely criminals are to relapse after being released, claiming that “Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested” (Durose, Cooper, and Howard). This statistic proves that there is a significant chance that a criminal will indeed carry out the same action as before. The most significant way that an offender is punished is through what…
Crime produces a reaction from society, uniting its members in condemnation of the wrongdoer and reinforcing their commitment to the shared norms and values. This explains the function on punishment. In Durkheim’s view the purpose of punishment is to reaffirm society’s shared rules and reinforce social solidarity. This can be done through the rituals of the courtroom; this reaffirms the values of the law-abiding majority and discourages others from rule braking.…
Comentator: Welcome to the 'transhistorical ' conference on schools of criminological thought. Today we have three theorists, Emile Durkheim, who has accepted to chair the event, Cesare Lombroso and Marcese de Beccaria, who will discuss their theories on crime and punishment.…
Capital punishment has continued to be used as the major punishment for convicted felons for a long time now. However, it has been a subject of controversy in recent years and has been seen as an inhuman mode of punishment in the modern era. This is because of the various legal challenges it faces and the methods used in executing the punishment, which include the use of a firing squad, lethal injections and the electric chair among others. However, those supporting capital punishment argue that revenge is the only way justice can be achieved while those against it see it all wrong for the state to take any citizen’s life (Neubauer and Fradella 391).…
Mestizo is considered to be a Spanish-Indian parentage, but it's helpful to distinguish the racial categories.…
130). The prisoners committed a crime, in which they wronged the rest of the public, so it is only right for the sovereign power to discipline these criminals. In addition, the supermax prison reflects the sort of power relations that Foucault endorses. The prison in itself acts as its own society and represents the rest of society, which the criminal wronged. This is shown by prisoners being sent to these supermax prisons by a Prison Administrator and not a judge or a jury2. These prisoners are cut off from the rest of society, as they have no windows, cannot answer any phone calls, have any visitors, and are not able to see other prisoners. In this total solitary confinement, prisoners are permitted to only leave their room for an hour a day. During this process they are let out one at a time by a guard, which demonstrates the little control they have over their lives. They are separated from regular society, and inserted into the prison society. In Foucault’s point of view, these prisoners are learning discipline. The solitary confinement that the prisoners receive is private, which resembles his belief that, “Punishment, then, will tend to become the most hidden part of the penal process.” (Foucault, 1995, p. 9). By keeping the punishment private, the rest of the public has no idea what is…
At first read of this article, I realize how important this essay is for understanding the complexities of how many students must negotiate when writing for the first time. Not only in an academic community in general – but also in the different departments of the academic community such as; English, Philosophy, Biology, Psychology, etc.. After my second read of this article, I realize that Bartholomae’s audience is for teachers, in that, Bartholomae raises awareness for a need among composition and writing scholars to be very specific in the demands they make on students. However, even though many students are very much aware of the demands of the academic community, many are still lacking the power to live up to the expectation and engage,…
“Nobody, but he who has felt it, can conceive what a plaguing thing it is to have a man’s mind torn asunder by two projects of equal strength, both obstinately pulling in contrary direction at the time.” (Laurence Sterne) In Dostoyevsky’s Crime and Punishment, it is this exact miscalculation that leads the protagonist Raskolnikov (Rodya) to his ultimate mental, physical and social demise. Similarly, the theme of the novel directly correlates to Sterne’s quote, as Dostoyevsky delves into the psychology of a criminal, centering the novel on a murder and its after-affects on the transgressor.…
This paper is written in an attempt to comprehend the sentencing philosophy and purpose of criminal punishment through a review of the historical parameters concerning how sentencing and punishment serve society. Sentencing is the application of justice and the end result of a criminal conviction which is applied by the convening authority; followed by the sentence, or judgement of the court on a convicted offender. What makes punishment unique to our society is the application of our moral or ethical beliefs as a whole, and by the population at large. Throughout history, the sentencing and administration of punishments have been swift, brutal and often times ending with the death of the offender, but in our more civilized and modern society,…
While I may disagree with the conclusion of this essay, still more do I disagree with the way in which it has been supported and justified. The paper bleeds a haughty arrogance, like an aristocrat looking down his nose at the ignorant peasants, suggesting that one either "gets it" or does not. It relies heavily on circular logic, much as religionI am right, because I am right, and therefore I am right. Touting the word "justice," and wielding other such noble words, van den Haag attempts to elevate his logic as "self-evident"though clearly it is not, or this course would not exist. Much as I detest anything that attempts to classify a species so diverse and unique as the human race into…
Citizens are being arrested every single day for an unlimited variety of reasons. The reason can be anything from abuse of a family member, robbery, drug possession, or murder. The criminal system has four ways to justify punishment. Retribution, deterrence, rehabilitation, and social protection are ways in which punishment is justified. Each of the four has its own style of punishment together with its own pros and cons for each Citizen.…
Animal shelters exist in counties across the country in order to manage a problem that seems impossible to solve: overpopulation among cats and dogs. Overpopulation occurs when animals of the same species become successful reproducers. Cats are especially good reproducers. According to PETA, in just seven years, one female cat and her offspring will generate 370,000 cats. This staggering statistic exhibits the ramifications of an owner choosing not to get their cat or dog neutered or spayed. The burden of these offspring then lies on the shelter to house and take care of the animals until someone can provide a permanent home. Two types of animal shelters attempt to alleviate the problem of overpopulation but both face many challenges in doing…